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The Water Environment (Water Framework Directive) (England and Wales) (Amendment) Regulations 2015

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This is the original version (as it was originally made).

New regulation 18A

This section has no associated Explanatory Memorandum

10.  After regulation 18 insert—

Coordination

18A.(1) This regulation applies where the results of a report under Article 7a of the EQS Directive show that additional measures at European Union or member State level may be necessary in order to facilitate compliance with the Directive in relation to a particular substance approved pursuant to Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market(1) or Regulation (EU) No 528/2012 of the European Parliament and of the Council concerning the making available on the market and use of biocidal products(2).

(2) The competent authority must apply Article 44 of Regulation (EC) No 1107/2009 or Article 48 of Regulation (EU) No 528/2012, as appropriate, to the relevant substance referred to in paragraph (1), or products containing that substance.

(3) In applying the provisions referred to in paragraph (2), the competent authority must take into account any risk evaluations and socio-economic or cost-benefit analyses required under Regulation (EC) No 1107/2009 or Regulation (EU) No 528/2012, including as regards the availability of alternatives.

(4) The competent authority for the purposes of this regulation is the person defined as the competent authority for England or Wales—

(a)in respect of Regulation (EC) No 1107/2009, under regulation 3 of the Plant Protection Products Regulations 2011(3);

(b)in respect of Regulation (EU) No 528/2012, under regulation 5 of the Biocidal Products and Chemicals (Appointment of Authorities and Enforcement) Regulations 2013(4)..

(1)

OJ No L 309, 24.11.2009, p1, as last amended by Regulation (EU) No 652/2014 (OJ No L 189, 27.6.2014, p1).

(2)

OJ No L 167, 27.6.2012, p1, as last amended by Regulation (EU) No 334/2014 (OJ No L 103, 5.4.2014, p22).

(3)

S.I. 2011/2131, to which there are amendments not relevant to these Regulations.

(4)

S.I. 2013/1506, to which there are amendments not relevant to these Regulations.

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